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Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......t Nos.396 and 397 of 1981 in the Court of Assistant Judge, Sadar, Noakhali for ejectment of the defendant-petitioners from the suit land on the ground of default and bonafide requirement. 3. The facts of these suits are that the defendant-petitioners were monthly tenants at the rate of Taka 150..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
....y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......dalat Ain, Artha Rin Adalat is a Civil Court having all the powers and jurisdiction under the Civil Procedure Code subject to the provision of the Artha Rin Adalat Ain and since the impugned order in question was passed in execution proceeding of the Artha Rin Adalat, the provisions of Code of Civil......ications one for discharging the Rule and another for vacating the order of stay and the petitioner filed affidavits in-opposition against both the applications. Since common question of law and facts are involved in both the applications as well as the main writ petition, both the applications..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......under section 106 of the Transfer of Property Act has been legally served for terminating the tenancy. We find substance in the submission of the learned Advocate for the respondents and agreement in question is not a registered be held to be a tenancy for month to month. Mr. Fazlul Karim, the learn....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......ion Nos.6372, 6481, 6735, 7916, 7984, 8275, 8296, 8297, 8316, 8333, 8334, 8335, 8422, 8438, 8551, 8327, 8351 and 8315 of 2002. Judgment MA Aziz J.- All the above Rules arose out of a common question of law as to whether under section 3(2) and section 3(3) of the Special Powers Act, 1974 a ...... Supreme Court may, if necessary, be requisitioned by the government to avoid recurrence of the mistakes committed by officers making/ passing the order of detention. 32. Regard being had to the facts and the submissions of the learned Counsel, specially the fact that the Secretary, Ministry of..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ......t No. 2, the Premier Bank Ltd., through whom letters of Credit were opened by the Respondent No. 1 got itself added in the appeal and has prayed for an order to deliver to it the goods in question imported by the letter of Credit and mentioned in the writ petition on payment of customs d......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ......d in the manner as alleged, but they have been falsely implicated in this case out of enmity and grudge. 7. The learned trial Court thereafter in consideration of the evidence on record as well as facts and circumstances of the case found the accused-appellant guilty for the offence charged and, ..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ...... upon erroneous view of the provisions of President's Order No 149 of 1972 wrongly assumed that the writ petitioners are Bangladeshi citizens and on that basis wrongly held that the property in question is not an abandoned property. (2) For that the petitioners being Pakistani citizens......d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ......ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ......he proceeding shall continue as if there has been no repeal of section 47 of the Code of Civil Procedure. A civil proceeding includes execution proceeding as well as appeal also. 8. In the above facts and circumstances and in view of my above discussion, I am of the view that the learned Distri..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......urt in Writ Petition No.3705 of 2001. 2. The facts may briefly be stated as follows- 3. The present petitioner as petitioner filed Writ Petition No.3705 of 2001 before this Court calling in question the requisition and acquisition of the property of the petitioner through L.A. Case No......shy;tempt of Court should not be drawn up against them and punished accordingly for violating the judgment and order dated 14.8.2001 passed by this Court in Writ Petition No.3705 of 2001. 2. The facts may briefly be stated as follows- 3. The present petitioner as petitioner filed Writ Peti..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......nsequently, if a decree in the affirmative is passed in Title Suit No. 50 of 1984 that would not become effective till disposal of Title Suit No. 360 of 1979. In the background of the said undisputed facts the order of the High Court Division sending back the case on remand for trial of Title Suit N..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ...... the suit land with the appellant Jahanara Begum pursuant to an ex parte decree could always impleaded as the defendant or the co-plaintiffs where it is necessary for a complete adjudication upon the question involved in the suit and to avoid multiplicity of the proceeding under the provision of ord...... Mohammad Fazlul Karim J.- These appeals by leave are directed against the impugned judgment and order passed by the High Court Division in Civil Revision No. 1967 of 1999. 2. The facts relevant for disposal of these appeals are that appellant in Civil Appeal No. 438 of 2001 as t..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......12/114/411/34 of the Penal Code and the informant of the said case is one Md Fazlur Rahman, Inspector of CID City Zone (East) who suo moto lodged the said first information report on the basis of the facts and circumstances and materials on record. He further submits that as many as ..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......e‑empt the case land, the Subordinate Judge did not commit any error of law in directing the applicant‑petitioner to deposit the consideration amount and the compensation thereon in the facts and circum stances of the case. Moreover, the co‑applicant petitioner himself..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ......tract is to be renewed or whether they would be awarded new contracts after the initial 5 years period and in case contracts are to be renewed whether up to the age of 35 years or 57 years and these. questions are questions of law since the answer to the first question depends upon establishing the ......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)
...., 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588......., 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588.......ny other person and the Tribunal has no jurisdiction to direct the Magistrate to file a case under aforesaid section in this manner. The learned Advocate further submits that in view of the aforesaid facts and circumstances of the case the impugned order passed by the Tribunal is liable to be set as..Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......the meetings to be conducted by a neutral Chairman even in the absence of an application under section 85(3) of the Companies Act invoking the provision of section 85(2) of the Companies Act in the facts and circumstances of the case……….(9) Lawyers Involved: ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
.... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ...... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ......re admittedly submitted and the conviction as upheld by the High Court Division is not sustainable because the same is based on a third case or a new case and at any rate upon a misconception of facts and contrary to the findings of the learned Judge of the High Court Division. 10. Prosecu..Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ......station also is an election dispute. Though the instant civil revision has arisen out of an interlocutory order, yet, this Court in exercising revisional jurisdiction can very much see and decide the question of the maintainability of the suit. In this regard reference may be made to the case of Cho......e house of defendant No.3. Defendant No.3 lives in Dhaka and many things are heard about him including earning of illegal money. The plaintiff filed an application to defendant No.2 stating all these facts, but nothing happened. The cause of action for the suit arose on 31‑12‑2002, when the plai..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ......tion. 3. The Civil Appeal No. 444 of 2001 is by the Chairman, Bangladesh Agricultural Development Corporation (BADC), Dhaka. 4. The facts, in short, are that, the writ petitioner‑respondent, Chowdhury Md. Mahfuzul Islam, in Ci..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....s of the learned Counsels of both sides and considered the relevant provisions of the Companies Act of 1913 and 1994 and find that they make a distinction between a private and a public company in identical terms. A private company is defined as a company which, inter alia, "by its articles......he Company took no action to comply with the appellant's request to register the transfer and, in fact, deliberately kept the matter in abeyance at the instance of certain interested quarters. The question of registration of the appellant's said shares was ultimately discussed at the 88th, 89th ...... grounds: "Dr Kamal Hossain, learned Counsel for the petitioner, submits that the learned company judge erred in failing to appreciate that in the facts and circumstances of the case the Directors had no discretion to refuse to register the tran..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
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